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17-302 - American Bio Medica Corporation v. Bailey et al


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17-302 - American Bio Medica Corporation v. Bailey et al
January 24, 2018
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DECISION & ORDER: that the Premier Defendants' motion to dismiss, dkt. # 15, is hereby Granted in part and Denied in part as follows: the motion to dismiss for lack of personal jurisdiction of Defendants April Bailey, Premier Biotech, Inc. and Premier Labs, LLC, is hereby Granted. The Court declines to rule on those parties' motion to dismiss for failure to state a claim upon which relief could be granted. Those Defendants are hereby Dismissed from the case; the motion to dismiss for lack of personal jurisdiction of Defendant Todd Bailey is hereby Denied; Todd Bailey's motion to dismiss for failure to state a claim upon which relief can be granted is hereby Denied with leave to renew as appropriate; that Defendant Peckham's motion to dismiss, dkt. # 16, is hereby Granted on the basis of the Court's lack of personal jurisdiction over that Defendant. The Court declines to rule on Defendant Peckham's motion to dismiss for failure to state a claim upon which relief could be granted. Defendant Peckham is hereby Dismiss from the case; that Plaintiff's cross-motion for a preliminary injunction, dkt. # 21, is hereby Denied with leave to renew, if appropriate. Plaintiff's motion to supplement the pleadings, dkt. # 25 is hereby Denied with leave to renew. Any renewed motion to dismiss, amend, for a preliminary injunction, or of another type that could divest the Court of authority to hear the case that the remaining parties desire to file shall be filed with 14 days of the date of this Order. Signed by Senior Judge Thomas J. McAvoy on 01/24/2018. (hmr)